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Experience Spotlight

With the help and support of the Tennessee Medical Association, 21 Tennessee physicians of underserved communities joined together and retained Bass, Berry & Sims to file suit against the Centers for Medicare & Medicaid Services to stop improper collection efforts. Our team, led by David King, was successful in halting efforts to recoup TennCare payments that were used legitimately to expand services in communities that needed them. Read more

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Thought Leadership Spotlight

The Healthcare Fraud & Abuse Review 2017 details all healthcare-related False Claims Act settlements from last year, organized by particular sectors of the healthcare industry. In addition to reviewing all healthcare fraud-related settlements, the Review includes updates on enforcement-related litigation involving the Stark Law and Anti-Kickback Statute, and looks at the continued implications from the government's focus on enforcement efforts involving individual actors in connection with civil and criminal healthcare fraud investigations.

Dismissal of Patent Infringement Case Against Pharmaceutical Company

We successfully moved to dismiss a patent infringement case alleging that our client's marketing and sale of a highly successful cancer treatment drug infringed a patent related to "Methods for Preventing Multidrug Resistance in Cancer Cells." Notably, the asserted patent expired nearly two years before the litigation was commenced, so the plaintiff only sought past damages for the alleged infringement. Our team moved to dismiss the complaint after identifying a gap in the assignment history of the asserted patent recorded with the United States Patent and Trademark Office (USPTO). According to the USPTO records, the plaintiff, and inventors of the asserted patent, assigned their interests in the patent to the board of trustees of the University of Illinois in 1995. Shortly before filing the lawsuit in 2014, the plaintiff recorded a subsequent assignment of their interest in the asserted patent to themselves. Judge Trauger found that the plaintiff lacked standing to sue for past infringement of the expired patent and dismissed the case.

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